Merle Kahn writes: "The District Court for the Central District of California granted a discovery request in a consular processing case. [ Muñoz v. U.S. Dept. of State ] Generally, when I think about consular processing, I just think about the Supreme...
Cazorla v. Koch Foods, Sept. 27, 2016 - "Rather than impose an order of our own, we remand to the district court to devise an approach to U visa discovery that adequately protects the diverse and competing interests at stake. Our discussion indicates the basics...
On March 3, 2015, DOJ advised Judge Hanen that USCIS had issued approximately 100,000 three-year EADs for some DACA renewals. The plaintiffs in Texas v. USA pushed back , calling for early discovery.
"Prehearing procedures are ongoing. Shortly before the close of discovery, Durable filed a motion for a protective order addressed to certain of the interrogatories and requests for production that ICE had propounded to the company. The government filed a...
"There is a considerable imbalance between non-citizens and the Department of Homeland Security (DHS) when it comes to information access in deportation proceedings. Created after September 11, one of the original mandates for DHS was to improve intelligence...
"[P]laintiffs sought an order preventing the discovery of plaintiffs' immigration status. The magistrate judge held a hearing prior to issuing his memorandum and order. In his memorandum and order [doc. 65], the magistrate judge found that a protective...
A North Carolina appellate court reversed a decision by the state's Industrial Commission that had dismissed with prejudice an employee's injury claim for her failure to comply with discovery orders. Finding that there had been no showing that the employer...
A Mississippi appellate court reversed a decision of the state’s Workers' Compensation Commission that had sanctioned a claimant’s attorney for issuing a subpoena duces tecum to the employer’s medical expert in which the attorney sought information as to how...
The California Constitution mandates that the workers’ compensation process, including those provisions applicable to discovery, shall be established so as to accomplish substantial justice in all cases expeditiously, inexpensively, and without encumbrance...
In Simmons v. Just Wingin’ It, Inc., 2017 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s order requiring an out-of-state claims adjuster who administered the applicant’s temporary disability benefits in connection with his 9/22/2014...
In Von Ritzhoff v. Ogden Entertainment Food Services , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s order appointing the applicant’s attorney as the special master assigned to monitor the depositions in the applicant’s workers’...
I. How NOT to Request That the Record Be Developed In the Noteworthy Panel Decision (NPD) of Quintero v. PBC Holding Corporation dba Commercial Cleaning Systems , 2015 Cal. Wrk. Comp. P.D. LEXIS 610 [ 2015 Cal. Wrk. Comp. P.D. LEXIS 610 ], applicant, Ms. Quintero...
By John E. Kawczynski, Field & Kawczynski, LLC, South Amboy, New Jersey In his commentary “ About Time! New ALJ Regulations Finally Final , ” Tom Fitzhugh examined how the new “Rules of Practice and Procedure for Administrative Hearings...
By Thomas C. Fitzhugh III, Fitzhugh & Elliott, P.C., Houston, Texas The comment period for proposed new regulations for ALJ proceedings closed more than two years ago. For months we were promised that the new rules would be forthcoming “soon.” In May the...
The dismissal of an employee’s claim against the employer without prejudice was within the range of reasonable choices allowed the Virginia Workers’ Compensation Commission pursuant to Va. Code Ann. § 65.2–201 and Va. Workers’ Comp...